Bill > SB156

This bill generally revises evidentiary standards in child abuse and neglect cases, raising the burden of proof across several key proceedings. Specifically, the bill changes the standard of evidence from "preponderance of the evidence" (more likely than not) to "clear and convincing evidence" for orders of adjudication, temporary legal custody, long-term custody, and certain other child welfare determinations. For termination of parental rights, the bill further elevates the standard to "proof beyond a reasonable doubt," which is the highest legal standard of proof typically reserved for criminal cases. The changes apply to various sections of Montana's child welfare laws, including provisions related to court hearings, permanency planning, and reinstatement of parental rights. These modifications aim to provide greater protection for parental rights by requiring more rigorous evidence before the state can take significant actions that affect the parent-child relationship, such as removing children from their homes or terminating parental rights. The bill maintains special provisions for cases involving Indian children, which are subject to federal and state Indian Child Welfare Acts.

Justice

https://bills.legmt.gov/#/laws/bill/2/LC1982